Legality Of Electric Lines Crossing My Boundary..

[LivinLOS]

I (my wife) has a land plot we will be building on.

The plot is very clearly delineated and the concrete markers for any contentious edges are there, they have however decayed and are almost rubble (one is missing but largely irrelevant straight between 2 others. Another is there but just a stump) but the plot has natural borders (government rd, a water / sinkhole, etc) and it would take a huge leap to imagine any boundary issues. I am hyper cautious and the plot has been fenced and sitting secure for a while (almost multiple years now).

The utility company has concrete poles and electrics (maybe phone also) bordering the front / roadside of the plot. Where the road curves around they got lazy, and have put 2 poles stringing cabling that cuts over my boundary. At one place its probably >2m inside my property line. Theres a clear concrete boundary marker right under the line at this point and its not debatable or arguable. They are clearly overstepping and passing over my property.

To be fair, the line doesnt cause me much of an issue, its a decent sized plot, and the line isnt going to interfere with my build plans, I am going to put up a boundary wall, and it is mildly in the area where I wish to put a larger entrance gate structure possibly a guard room, but it wouldnt upset me if we let sleeping dogs lie.

My main concern is that the markers are crumbling, and in doing the boundary wall, putting in footings, etc may be destroyed or lost.. These ones border the gov rd and dont present a potential challenge to my property line but I would hate someone to come back later and define the line to protect the electric company or tell me to back in 2m to protect the power co.

Is it wise to vigorously defend the property line now, to save problems later ?? Demand its moved or at least demand comment and apology for the record ?? Do this while the markers are there, clear and undamaged. It strikes me as almost petty to do so, the kind of farang detail, but not being petty and not covering every base seems to bite so many people in the ass. Doing it Thai style works for Thais, but rarely gets rewarded when a farang is involved.

[cmsally]

No its not legal but what happens is that the electricity company subs out the cable work to private companies.

They just love to cut corners to save on the cost of cable.

Unfortunately like a lot of things once its there its really difficult to move, although an army friend had some cables moved out away from his property using "extension beams" on the pillars.

Some properties on a curve its a bit difficult to avoid but to cut in by 2m is unusual and suggests they got lazy.

[Deke]

Normally PEA does a pretty good job of surveying and staying within the public right of way. You might want to get the Land Department out to confirm/re-establish your boundary markers. The charge for that is nominal.

[Farma]

Earlier this year the electricity people mistakenly placed a power pole just inside a plot the wife owns. She contacted the local power people and without fuss they moved it outside the boundary a few weeks later.

[jaapfries]

Normally PEA does a pretty good job of surveying and staying within the public right of way. You might want to get the Land Department out to confirm/re-establish your boundary markers. The charge for that is nominal.

@Deke: This is the correct advice - and a good first step on the journey to solve this matter properly !

[LivinLOS]

I intend to get the land office out to redo the markers.. Not in any hurry but the existing ones are crumbling and breaking. One is entirely missing but its not a defining one.

The encroachment is on a curve at the road edge, in many ways without putting 4 poles in, over a 50 - 70m curve its obvious how the cabling will encroach. I am not that bothered by the issue of it being there, I am more just wanting to protect my boundary.

Also issues like.. Say I grow a tree on my own property.. And it then interferes with the cabling.. How will they trim the tree or solve the issue, when its inside my land (I intend a 9 ft wall here).

Edited November 18, 2012 by LivinLOS

[Khun Jean]

Reestablish borders by new clear markers, then inform the electricity company of wrong placement of the power lines (they will probably move them without making a fuss), and if it is not a problem for you if they stay there attach an agreement that you offer the use of your land for a certain amount per year.

[Langsuan Man]

In the US there is a legal concept of adverse possession which is defined as:

By adverse possession, title to another's real property can be acquired without compensation, by holding the property in a manner that conflicts with the true owner's rights for a specified period. For example, squatter's rights are a specific form of adverse possession.

I am sure that Thailand has something similar since adverse possession is based upon common law. I dealt with the problem once when a farmer re-erected a fence on a piece of property I owned based upon the old property line. I was told that I had to object to it, even though, like you, I had no use for that parcel, since if I allowed it to continue, eventually my failure to object and make him remove the fence would eventually allow him to claim the parcel

I would suggest that you contact the electric company and have them make it right before too much time goes by to prevent any future claim to the right of way

[LivinLOS]

I am shocked to discover google maps have street view on the village rd.. So I can show the extent of the issue.

At first I was not that bothered, only wanted to avoid future issues and claims.. But my wife was more hot under to collar about it (her first land bless her) and that got me thinking.

But now the more I look the more I want it removed.. The process of having the demarkation made clearer and speaking to the electric company will be done soon.

Heres the offending lines and where the concrete boundary marker sits.